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Driver's license gender needs to match sex assigned at birth, Kansas AG Kris Kobach argues in court – Kansas Reflector

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Driver's license gender needs to match sex assigned at birth, Kansas AG Kris Kobach argues in court – Kansas Reflector


TOPEKA — Civil rights advocates argued in court this week that drivers’ licenses should not lead to “forced outing,” leaving a district judge to decide how a divisive law will impact the day-to-day lives of transgender Kansans.

Republican Attorney General Kris Kobach asked Shawnee County District Judge Theresa Watson to grant a temporary injunction blocking Kansas residents from changing the gender listed on their drivers’ licenses while courts decide the implications of an anti-transgender law passed last year.

“This case is really about the question of whether an agency follows the clear command of Kansas law or does not,” Kobach said in an interview after Thursday’s hearing. “… And they’re using this case as an opportunity to try to invent these new rights. That’s what’s going on in legal speak.”

Watson heard arguments Wednesday and Thursday regarding the implementation of Senate Bill 180, which took effect in July. The legislation conflates sex, which has to do with biological characteristics, with gender, which is a personal and social identity. Under the law, women are defined by their reproductive ability, and state agencies that collect vital statistics are directed to identify individuals “as either male or female at birth.”

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The hearings, which coincided with the opening of the legislative session, mark the latest turn in an ongoing legal battle over transgender rights.

During the hearings, Sharon Brett, legal director for the American Civil Liberties Union of Kansas, and Kansas Department of Revenue general counsel Ted Smith emphasized the idea of driver’s licenses as a form of self expression, rather than a vital statistic.

“In a big sense, it’s an expression of someone’s identity,” Smith said in court.

They made an appeal to perspective and empathy, focusing on the danger of outing transgender residents by having a gender marker that does not match their identity, as well as the negative mental health consequences suffered by removing this source of affirmation.

As the hearing wrapped up, Watson said her opinion could be delayed because of factors such as ongoing court construction — the sounds of which could be heard periodically as people testified — but she assured the parties she “would be working quite a bit on this in the future.”

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The legal fight

The GOP-dominated Legislature adopted SB 180 last year by overriding Gov. Laura Kelly’s veto.

The model legislation comes from Independent Women’s Voices, a far-right group that has a long history of opposing women’s rights, including the Equal Rights Amendment and equal pay. The law’s sex-based definition of women, and classification of those who don’t qualify as men or women as disabled, is considered offensive and not based on science.

Kobach, in his capacity as the top legal officer in the state, filed a lawsuit against the Kansas Department of Revenue’s Division of Vehicles in early July, seeking to ban transgender people from changing gender markers on their driver’s licenses.

In response, the district court issued a temporary restraining order blocking Kelly’s administration from making gender marker changes on identity cards and driver’s licenses.

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The court granted the ACLU of Kansas permission to intervene in the lawsuit on behalf of five transgender Kansans who would be harmed by the gender marker ban.

For now, the extended restraining order does not invalidate current driver’s licenses. However, new, replaced or renewed credentials will be reverted to sex assigned at birth.

When asked about gender markers Thursday, the governor said: “I’m going to let the courts sort that out.”

 

Impact of the law

Rooks County physician Beth Oller, who has treated an estimated 100 transgender patients, spoke to the judge about the “great harm” suffered by those who are blocked from gender affirmation, such as increased anxiety, depression and social isolation.

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A physician’s letter is required to change license markers in the state. Oller has written an estimated 40 letters recommending gender marker changes and described the “profound sense of relief” she witnessed when they had the markers changed.

Transgender residents also took the stand Thursday to testify on their personal experiences, though portions of the meeting were closed to the public to protect several of the intervenors’ anonymity. One of the interveners in the case, a transgender woman living in Lawrence, teared up while speaking of incidents before she got her license marker changed.

She mentioned a cashier at a gas station who told her to leave after he looked at her driver’s license and saw the “M,” as well as the “abject hate” in one man’s eyes when she was showing her card to make a purchase.

She then described the feeling of safety she received from having her marker changed. If the ban on gender markers is permanent, she said, staying in the state would no longer be a viable option.

“I would feel like I’m being kicked out of the state over something I have no control over,” she said.

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Kansas governor wary of overspending as Legislature’s budget overhaul takes shape • Kansas Reflector

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Kansas governor wary of overspending as Legislature’s budget overhaul takes shape • Kansas Reflector


TOPEKA — The Kansas Legislature’s unprecedented budget takeover will enter the 2025 legislative session with a bare bones spending plan and sweeping cuts while Republican lawmakers eye property and corporation tax reductions.

Gov. Laura Kelly is still preparing her own budget — as is customarily the governor’s duty — and said her greatest apprehension ahead of the 2025 session is overspending, she told Kansas Reflector on Wednesday.

The apprehension applies both to spending on programs and further tax cuts, she said.

“Obviously, we know what happens when you go too far too fast on tax cuts,” Kelly said, recalling her predecessor Gov. Sam Brownback’s tenure, during which he implemented an experimental tax program that diminished the state’s tax base creating revenue deficits. “And I don’t think anybody in the state of Kansas wants to go back to that, including the Legislature.”

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Kansas Republicans created a new committee this year to give legislators the opportunity to craft their own preliminary budget. The committee wrapped up its meetings Thursday.

The meetings consisted of iterative presentations from almost 100 state agencies and departments seeking funding enhancements, which also were presented to the governor.

Under Kansas’ customary budget process, state agencies can appeal the Division of Budget’s recommendations to the governor. This year, about $1.1 billion worth of requests are up for appeal, according to committee chairman Rep. Troy Waymaster, a Bunker Hill Republican. The governor typically gets the final say on whether to accept or reject an appeal.

Waymaster weighed the possibility of denying all appeals requests in the legislative budget, regardless of what the governor decides.

“If we want to do property tax relief for the people of the state of Kansas, there’s no way we can approve the 1.1 billion that’s been appealed,” he said.

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But House Speaker Dan Hawkins, a Republican from Wichita, proposed eliminating all requested budget enhancements that added any new staff and the salary increases associated with them, leaving the Legislature with a base budget that could see additions as the session proceeds. A majority of committee members supported Hawkins’ proposal.

Expanding bureaucracy

Mounting requests for new facilities and expanded bureaucracy have too often flown under the radar, said Rep. Henry Helgerson, a Democrat from Eastborough, at a Dec. 12 committee meeting. He pointed to a $114 million ask from the Kansas Bureau of Investigation for a new headquarters and the now over-budget Docking State Office Building, which is set to finish renovations in April.

“We have gotten to a point where we just approve things and don’t say anything,” Helgerson said.

It’s up to legislators to curtail spending, he said, wary, too, of the majority party’s plans for further tax cuts.

“This group has to change the trajectory of our spending in the state,” he said, referring to the legislative budget committee.

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Rep. Kristey Williams, an Augusta Republican who chairs the K-12 Education Budget Committee, agreed but said spending scrutiny must be applied indiscriminately. Lawmakers can’t ignore certain “golden areas” the Legislature refuses to touch, she said, specifically referencing the Kansas State Department of Education.



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Kansas school board rejects textbooks because they’re too anti-Trump

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Kansas school board rejects textbooks because they’re too anti-Trump


A Kansas school board reportedly rejected textbooks because they believed that the teaching materials were too “biased” against Donald Trump.

A proposed contract with a Boston-based education company was also voted down by the newly elected conservative majority on the Derby Board of Education over their public statements on diversity, equity, and inclusion, KCUR-FM reported.

The $400,000 contract with Houghton Mifflin Harcourt was rejected even though it was recommended by Derby High School teachers, who requested a new school curriculum after being left without social studies textbooks for several years.

But board members reportedly said that parts of textbooks and other learning materials offered by the company did not reflect fairly on Trump’s first presidency.

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“My biggest concern … involved what I would define as bias of omission,” board member Cathy Boote said, according to the outlet.

Boote then shared examples of the material she deemed did not accurately reflect the president-elect’s time in office, including the controversial “Muslim travel ban.”

Board members expressed concern that the materials were anti-Trump
Board members expressed concern that the materials were anti-Trump (REUTERS)

“Then there was the ‘Muslim ban,’” Boote said and made air quotes as she spoke.

“With no mention of the fact it wasn’t aimed at all Muslim countries, just those that have no ability to vet. Safety was the top priority, but they leave it sit there, with no explanation, to make you think he was xenophobic.”

Trump’s travel ban, issued in January 2017, restricted entry into the US for certain people from foreign nations. It was nicknamed the “Muslim ban” by Trump as well as his aides and critics because a majority of those affected by the executive actions came from predominantly Muslim countries.

President Joe Biden issued a proclamation revoking the travel ban when he entered office, but in May this year Trump said he would reinstate the ban.

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“We will bring back the travel ban — you remember the famous travel ban,” he said.

Boote said that she was also concerned about the way Trump was portrayed in the text books when it came to trade deals with China, the January 6 Capitol riot and his position on Cuba.

Another board member, Michael Blankenship, reportedly agreed with the concerns raised by Boote, but also rejected the proposal to work with the company because of a pro-Black Lives Matter statement they made in 2020.

“We believe Black Lives Matter [and] we believe in social justice,” the company said.

“That’s a pretty bold statement,” Blankenship reportedly said. “Wouldn’t anybody want to know, ‘What do you mean?’ I still don’t have that answer.”

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The Independent has contacted Houghton Mifflin Harcourt for comment.



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With of help generous Kansas Citians, families receive holiday gifts at Season of Hope toy drive

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With of help generous Kansas Citians, families receive holiday gifts at Season of Hope toy drive


KANSAS CITY, Mo — KSHB 41 News and the Salvation Army held the 2024 Season of Hope toy drive Thursday.

It’s the fourth year of a partnership to help Kansas City area families during the holiday season.

With it being this close to the holidays, stores were probably packed with last-minute shoppers, but so was the Salvation Army for the drive, with families picking out the perfect gifts for their loved ones.

Mariah Nicholas is a mom of four — two girls and two boys.

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Spending Christmas with them means a little more this year. She almost lost her life in a car accident right before Thanksgiving.

“I hydroplaned off the road and slammed into a tree line on my side,” Nicholas said. “So, I took the blunt of it but I’m hanging in there.”

She signed up for the Season of Hope toy drive to fill a void she couldn’t this Christmas. She says this will take off some of the financial burden.

“I lost my job right before Thanksgiving due to my wreck,” Nicholas said. “So, I’m waiting to go back, but without this help, I probably wouldn’t be able to do much.”

KSHB 41 News staff

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Mariah Nicholas

She’s one of 300 families that will benefit from the drive.

It was set up department style, allowing each family to get a personal shopping experience to pick out toys that their children would like.

“There are a lot of toys that my kids will actually enjoy,” said Nina Velazquez, a mom of two. “Usually, I’m very very stressed out because I’m at Walmart in line with 100,000 people and my pocket usually doesn’t have enough to cover everything.”

Nina Velazquez

KSHB 41 News staff

Nina Velazquez

In total, 11,250 toys were donated this year, and each family received gift cards to Aldi’s, helping to fill their table and tree.

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“They get not just a single toy,” Salvation Army Pastor Dawn Windham said. “It’s a big toy and a small toy, and stocking stuffers, and books and family games and clothing — it’s just amazing.”

Salvation Army Pastor Dawn Windham

KSHB 41 News staff

Salvation Army Pastor Dawn Windham

This event giving more than just hope this holiday season.

“To watch them open, you know more than what I could give them on Christmas this year,” Nicholas said. “So, I’m super grateful to the Salvation Army and them helping us.”

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KSHB 41 reporter La’Nita Brooks covers stories providing solutions and offering discussions on topics of crime and violence. Share your story idea with La’Nita.





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